Ramji Yadav vs DEPARTMENT OF POSTS

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(Open Court)


Central Administrative Tribunal
Allahabad Bench, Allahabad

Original Application No. 920 of 2026

nd
This the 02 Day of September, 2026.

HON’BLE MR. RAJNISH KUMAR RAI, MEMBER-J.
HON’BLE MS. MANJU PANDEY, MEMBER-A.

RAMJI YADAV S/o Late Shri Ramchander R/o: Village: Pipara Word
No-11 District: Kushinagar Post Sohajnawa, District, Gorakhpur Uttar
Pradesh – 273209 Aadhaar No. 752864050554 Mobile: +91
9984153458.
….Applicant .

By Advocate: Mr. Shashank Shri Tripathi/Mr. Harsh Yadav/Ms. Rishika
Banerjee.

Versus

1. UNION OF INDIA Through Secretary Department of Posts Dak
Bhawan, Sansad Marg New Delhi-110001.
2. CHIEF POSTMASTER GENERAL Uttar Pradesh Circle Lucknow,
Uttar Pradesh-226001.
3. POSTMASTER GENERAL Gorakhpur Region Gorakhpur-
273001 Uttar Pradesh.
4. SENIOR SUPERINTENDENT OF POST OFFICES Gorakhpur
Region Gorakhpur-273001 Uttar Pradesh.
... Respondents.

By Advocates: Mr. Chakrapani Vatsyayan.
ORDER
By Hon’ble Mr. Rajnish Kumar Rai, Member (Judicial)
Ms. Rishika Banerjee along with Mr. Shashank Shri
Tripathi, learned counsel for the applicant, and Mr. Chakrapani
Vatsyayan, learned counsel for the respondents, are present
and heard.
Shakuntala Singh

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2. The instant Original Application has been filed seeking
the following reliefs: -
“1) Declare that the Applicant is entitled to pension
benefits under the Old Pension Scheme (OPS) on the
basis of his initial appointment in the Department of
Posts on 17.03.1984, which was 20 years prior to the
implementation of NPS on 01.01.2004;

2) Direct the Respondents to immediately rectify the
Applicant's pension records and convert his pension
from New Pension Scheme (NPS) to Old Pension
Scheme (OPS) with effect from 31.10.2024 (date of
retirement);

3) Direct the Respondents to calculate the Applicant's
pension, family pension, and all related retiral
benefits under OPS by counting the entire service
period from 17.03.1984 Το 31.10.2024;

4) Direct the Respondents to pay the differential amount
of pension and other retiral benefits (i.e., the
difference between what has been paid under NPS
and what should have been paid under OPS) for the
period from 31.10.2024 till the date of actual
implementation of this order, with interest @ 9% per
annum or such other rate as this Hon'ble Tribunal
deems fit;

5) Award costs of the present proceedings to the
Applicant;

6) Pass any other or further order(s) that this Hon'ble
Tribunal may deem fit and proper in the facts and
circumstances of the case and in the interest of
justice.”
3. The brief facts of the case are that the applicant was
initially appointed as a Telegraph Messenger on 17.03.1984 in
the Department of Posts and was subsequently
absorbed/adjusted as EDR on 29.03.1995. Thereafter, on the
basis of departmental seniority, he was promoted to the post of
MTS and assumed charge on 21.02.2017. The applicant was
ultimately retired from service on attaining the age of
superannuation on 31.10.2024. It is the grievance of the
applicant that, at the time of implementation of the New Pension
Scheme with effect from 01.01.2004, he had already rendered
about 20 years of continuous service, having entered
Shakuntala Singh

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Government service much prior to the said date. However,
while processing his pension case, the respondents treated his
promotion date i.e. 21.02.2017 as the relevant date for
determining the applicability of the pension scheme and
extended the benefit of NPS instead of OPS. Aggrieved
thereby, the applicant submitted a representation dated
27.10.2025 before the competent authority, claiming the benefit
of the Old Pension Scheme on the basis of his initial
appointment, which is stated to be pending consideration.
4. Learned counsel for the applicant submitted that the
applicant was initially appointed as a Telegraph Messenger on
17.03.1984 and was subsequently promoted to the post of MTS
on 21.02.2017. She submits that, since the applicant had
entered Government service much prior to the implementation
of the New Pension Scheme, she is entitled to the benefit of the
Old Pension Scheme. She further submits that the applicant has
already submitted a representation dated 27.10.2025 in this
regard, which is still pending consideration before the

competent authority.
5. Learned counsel for the applicant further submits that a
similar issue was considered by this Tribunal in O.A. No. 872 of
2026, decided on 07.08.2026, wherein reliance was also placed
upon the order dated 16.10.2023 passed in O.A. No. 1133 of
2021.
6. At this stage, learned counsel for the applicant submits
that the applicant would be satisfied if a direction is issued to
the competent authority amongst the respondents to consider
and decide the aforesaid pending representation by passing a
reasoned and speaking order within a stipulated period.
Shakuntala Singh

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7. Learned counsel for the respondents has no objection if
the representation of the applicant is directed to be considered
and decided by the competent authority, in accordance with
law, by passing a reasoned and speaking order within a
stipulated period.
8. Considering the limited prayer made by learned counsel
for the applicant, and without entering into the merits of the
case, the present Original Application is disposed of at the
admission stage with a direction to the competent authority
amongst the respondents to consider and decide the
applicant’s representation dated 27.10.2025, in the light of the
order dated 07.08.2026 passed by this Tribunal in O.A. No. 872
of 2026, wherein reliance was also placed upon the order dated
16.10.2023 passed in O.A. No. 1133 of 2021, and in accordance
with law, by passing a reasoned and speaking order within a
period of three months from the date of receipt of a certified
copy of this order.
9. It is made clear that this Tribunal has not entered into the

merits of the case.
10. Accordingly, the Original Application stands disposed of
at the admission stage. No order as to costs.
11. All pending Miscellaneous Applications, if any, also stand
disposed of.

( Manju Pandey ) ( Rajnish Kumar Rai )
Member (A) Member (J)


/Shakuntala/
Shakuntala Singh